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  1. #1

    Default Cannot Support Family Due to Child Support Obligations

    My question involves child support in the State of: Alabama

    What paper do I need to file in court to get the children that I ,have by my wife taken under condseration in my child support order. I had an affair that produce a child. I am order to paid child support for that child the amount is exccesive over half of my income . My wife and I or trying to work thing out but this excessive order is not helping to provide for my children by my wife. My children where born before the outside child but they are still small . Also, I have a child by my wife that has a med. problem that needs to be provide for but I can't with half of my income goes to this one other child.

  2. #2
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    Default Re: Prexisting Obligation

    Generally, you would receive credit for subsequent, not prior, children.

    (Unless there is a preexisting child support order).

    How come it ended up being over 50% of your income? Have you run the numbers yourself through the calculator?

  3. #3

    Default Re: Prexisting Obligation

    I feel that because the mother is an parlegal she has pull on the court system for example I file a motion in court she call me and told me a week later that it had been denial but I did receive that letter until a month later. I have an preexisiting obligation for my oldest child but it not half of the amount of the other court order. I do alot of over time if the court look at that they would see that that is not always the case in my income.For example I only work 6 months out of the year so, when I come home on vaction I get vaction paid a thousand dollar every 2 week my child support order thousand dollars a month. My regular paid with out over time is 1300 every 2 week overtime might be 2000 every 2 week. I can't support my other children that I have to care for. My other children should not have to suffer for my mistake. The law Rule 32 Alabama in modification stated that my children by my wife don't have to have a court order child support in order to be taken under consinderation in my income according to this law so I can get a modfication in my child support order. This is the Rule 32 in Alabama modifaction (6)
    Preexisting child support obligation
    The amount of child support actually being paid by a parent pursuant to an order for support of other children shall be
    deducted from that parent's "gross income." If a parent is legally responsible for and is actually providing support for
    other children, but not pursuant to an order of support, a deduction for an "imputed preexisting child support obligation"
    may be made from that parent's gross income. The imputed preexisting child support obligation shall be that amount
    specified in the schedule of basic child support obligations based on that parent's unadjusted gross income and the number
    of other children for whom that parent is legally responsible. "Other children" means children who are not the subject of
    the particular child support determination being made. If the proceeding is one to modify an existing award of support, no deduction should be made for other children born or adopted after the initial award of support was entered, except forsupport paid pursuant to another order of support.

  4. #4
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    Default Re: Prexisting Obligation

    Ah - so you only work 6 months of the year? That might be why - it looks like you've been imputed a salary of 12 months x your monthly income.

    You must understand too that even if you're allowed a deduction, it's not going to be that much. However, you're free to take it back to court to modify if you wish (and really, don't believe your ex if she tells you something is or isn't filed or denied - come on now, she's hardly looking out for your best interest. Check yourself!).

    Be aware that it might end up worse for you.

    Is your wife working, too? Can you pick up a second job?

  5. #5

    Default Re: Prexisting Obligation

    I was married years before I had this short affair. That my point the person who I had this affair is a parlegal(for the state) I believe she is using her position to retain information that she don't suppose to have. My wife had to go part-time due to my child medical illness. How can it end up worst when my children that I have by my wife was born before the other child. Therefore, if I am understanding the Alabama Preexisting Obligation Law right I can do a modification to have my children taken in to account from " gross income ". She have lie in court about her income it always different without overtime we might make around the same amount. Why do the man always have to show his income the women just have to state what she makes? My point is that I had children before this other child and its not fair for the court not to see that I need to support all my children not just one. Who want to hire someone who might work them four week then I gone. I work in the gulf. I know it some paper I can file so I can get my case heard.

  6. #6
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    Default Re: Prexisting Obligation

    Quote Quoting latonjapettway
    View Post
    I was married years before I had this short affair. That my point the person who I had this affair is a parlegal(for the state) I believe she is using her position to retain information that she don't suppose to have.
    Such as what?

    What information shouldn't she have had, did she obtain? Pertaining to what?


    My wife had to go part-time due to my child medical illness. How can it end up worst when my children that I have by my wife was born before the other child.

    Because your latest child still needs to eat. It seems like you're blaming Mom? And/or the system? Neither are to blame, really.



    Therefore, if I am understanding the Alabama Preexisting Obligation Law right I can do a modification to have my children taken in to account from " gross income ". She have lie in court about her income it always different without overtime we might make around the same amount. Why do the man always have to show his income the women just have to state what she makes? My point is that I had children before this other child and its not fair for the court not to see that I need to support all my children not just one. Who want to hire someone who might work them four week then I gone. I work in the gulf. I know it some paper I can file so I can get my case heard.

    Yes, you need to support ALL of your children. Including the latest. I'm sorry - I realize this isn't what you want to hear, but the fact remains...even if you can get your previous child/ren taken into consideration the reduction likely won't matter a whole lot.

    Now with regards to modification - when was the most current order actually made?

  7. #7

    Default Re: Prexisting Obligation

    A motion I file in court about the amount . She called me not even two days after I file that motion and told me what I had wrote on my motion (word from word)and said that why its been denial. The lady at the desk told me that it was going to take months before the case could be review it did. So, how did she know that it was denial two days after I file it. I know they sent letter out letting the other party know but not that quick. It took about a mouth before I got the denial letter. It make me wonder if she have friends work with the appeal board in my local town.

    Blaming the system because if a man is trying to support all his children why give one child all of it and give the other very very little for me to support them with. Trust me the other child eating well but what about my others? The child support is just to high for one child if she was my only child that would be different I have other small children to support. I am legally responsible for all of my children not just one.

    the most current order actually made?
    Made in Sep.2010

  8. #8
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    Default Re: Prexisting Obligation

    Quote Quoting latonjapettway
    View Post
    A motion I file in court about the amount . She called me not even two days after I file that motion and told me what I had wrote on my motion (word from word)and said that why its been denial. The lady at the desk told me that it was going to take months before the case could be review it did. So, how did she know that it was denial two days after I file it. I know they sent letter out letting the other party know but not that quick. It took about a mouth before I got the denial letter. It make me wonder if she have friends work with the appeal board in my local town.

    So....what does it matter in the long run? It's not as if your ex can actually influence that decision (and trust me - she can't).

    Blaming the system because if a man is trying to support all his children why give one child all of it and give the other very very little for me to support them with. Trust me the other child eating well but what about my others? The child support is just to high for one child if she was my only child that would be different I have other small children to support. I am legally responsible for all of my children not just one.

    Hon, you shouldn't have kids that you can't support. In other words "don't breed what you can't feed". That's not Mom's fault, and it's not the State's fault. As the NCP, you are OBLIGED to support your kids. EVERY parent is responsible. Mom (which she is obviously doing), and the mother of your other children, too.


    the most current order actually made?
    Made in Sep.2010


    Then unless something has changed since September, it's too early to modify.

    Sorry.

  9. #9

    Default Re: Prexisting Obligation

    Thank you for your input.

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